Settlement Agreement To Registered Will | Vkeel - Free Legal Advice

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New Delhi

House was partitioned by high court decree and testatrix, A and B were allotted 1/3rd share each in the house. Testatrix had executed a valid registered Will making A beneficiary of her one-third share in the house property. After testatrix died A filed a probate petition. B is willing to give a no objection to the said registered Will. I of my own due to my love and affection for you, I say - 1. that whenever full house is sold A will make 4% extra payment to B of value of one third share in the house property allotted to him long time back in partition of the said house. 2.That B will not go for specific performance and demand for selling the house. 3. It is made clear that 4 % to be given as mentioned above if full house is ever sold as aforesaid mentioned does not mean that B will have ownership rights in Testatrix shares in the house. 4.I do not want to sell the house, can B file a application in court that A is not selling the house and not giving my 4%.

Expert's Answers(3)

Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Dear Sir, Such suit cannot be filed.

May 12, 2021
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

The Agreement itself is not under the conditions of fulfillment. As the condition A is not fulfilled then how B will come in the play? Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

May 11, 2021
Advocate Anik
Bengaluru, Karnataka

66 Client Ratings

Hi, According to the agreement made by A and B it was stated as whenever the house is sold then only the agreement will be fulfilled. Now there is no sale then conditions after sale do not come in picture. So, B cannot file a application in the court as he has given NOC. If you find this helpful please rate my answer. Thank you

May 11, 2021